Go Jo, hope you win the case and sort this out once and for all.

Will it be manditory that Jo be at this trial?

And even Tolkien doesn’t own the concept of wizards and goblins.lol! It is the ’’story’’ that is important not the use of any type of beings that are used to tell it. They are just a vehical she happened to use,as she could have told it without the use of magic…...but it would NOT have been near as much fun.:o)

Just ask Mark Twain ,there are no new concepts but a story is still something of a personal nature and belongs to it’s author [or writer]

I have a feeling that this time next year, this case will still be going on. Oh well.

and on and on and on—hope not for Jo’s sake

i have begun to wonder that even id rdr books and steve vanderark winthe case that if the book would even sell that well with all the negative publicity

Melissa: Where exactly is this taking place?

500 Pearl Street, NY, NY, courtroom 24A.

“In fact, once Gollancz had let the author’s agents see early proofs, all was sweetness and light.”

If only RDR/SVA had done the same…

Well, Terry Pratchett… if the Lexicon book was about nameless wizards and goblins, then you would have a point. However, it is about Harry the Wizard and Griphook the Goblin (among others) so indeed, it IS copyright infringement.

Sheesh.

I’m on jury duty right now and my last jury selection date for NH is March 17th. I can’t imagine being on a jury for that complex a case. At least no DNA or forensics evidence like my last case.

Melissa, many thanks for keeping us so well informed!

I sincerely hope that Warner/JKR lose this suit. What the Lexicon did is NOT infringement—it is protected under the copyright act of 1989, as amended, under the clause pertaining to scholarly works of literary commentary.

If this suit is successful, it will affect many kinds of writing that have long been permitted—all the “unofficial” guides to TV series, compilations of movies in a particular genre with photos and plot summaries, and a host of other kinds of legitimate published non-fictionw orks will be affected. I respect Ms. Rowling, but her key argument is that publication of THIS book will prevent HER book (if and when she writes it) from selling well because “people won’t need two Harry Potter encyclopedias”.

For me, I’d buy hers, knowing the money was going to charity, even if I already owned Steve Vanderarks, which I plan to do as soon as it is published. And, yes, I did go to law school, and I do sit on the copyright committee of a national writer’s association, and I have testified before several courts and the U.S. Congress on matters of copyright infringement. I think Jo’s suit is without merit, and I’m apalled that more writers haven’t rallied to support Steve in this.

Deb, I’m not saying I know more than you about copyright law, but it seems like the argument about the Lexicon interfering with JKR’s encyclopedia is a secondary argument. I think her key argument is that the Lexicon does not constitute a scholarly work of literary commentary. I’m not passing judgment as to whether or not this is true, I’m just saying the key argument has always been that the Lexicon does not create anything new in the way of analysis or commentary.

Hi Deb

This is a Harry Potter fan site, so what you read herel will mainly be adoring fans who are on JKR’s side no matter the issue.

I also agree that the law is clear that JKR's suit is not covered by the copyright laws.  If I understand the nature of her suit, however, she is trying to claim rights under the trademark laws.  I find this very disturbing.  Even McDonalds who is very protective of their Golden Arch trademark doesn't claim that someone can't use the words "Golden Arch" or "McDonalds."  JKR seems to claim that if someone uses the word "Horcrux" in a future book about wizards that they will have infringed on her trademark rights. Since I disagree that a future author should be prohibited from expanding the use of this and other words invented by JKR in the Harry Potter series, I absolutely defend the right of someone to define the words in an  encyclopedia.  For some reason this bothers me greatly.  Maybe it is because most of the words coined by JKR had their origin from Latin which is one of the oldest written languages used by man or maybe it is because the way the locket horcrux reacted with the trio came directly from Lord of the Rings, or maybe it is because she is using her millions to sue one of her most adament fans that helped  to create these millions.

I don’t if I even know why JKR’s lawsuit offends me so much, but it does;

At last, a trial date. I tend to agree that it will be a long time before any definitive conclusion, because either way I expect appeals. But at least we will get to the point where the cases are presented for cosideration by someone (or a group of someones if there is a jury) has the responsibility to actually make a decision.

@Deb

I believe that the effects will not be as far reaching as you envision, nor as others envision if in fact RDR loses (I cannot say who will prevail either way). I believe this because there is ample evidence that such works as you think will be affected already exist for a great many different works, not just HP, and continue to be published.

Now, I think the decision in THIS case may eventually require a newer interpretation of the Fair Use principle, but the fact remains that that principle itself was the product of MANY years and MANY legal decisions that preceded it (as stated by the US Copyright Office itself on their own website). I’ve no doubt that in all of THOSE earlier cases, there was concern expressed regarding the impact of the decisions on what would follow. That is the nature of the evolution of Law based on cases as they progress and are completed. It is also the beauty of the system that Law is not permanently fixed in concrete, but is, rather, subject to interpretation. When it is perceived that it is unfair, or to rigid, or, conversely, to lax, it can be interpreted and ultimately changed for the better.

At least that’s my opinion!

M.